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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
Federal-State Joint Conference )
On Advanced Telecommunications ) CC Docket No. 99-294
Services )
)
)
)
ORDER
Adopted: October 8, 1999 Released: October 8, 1999
By the Commission:
I.INTRODUCTION
1. One of the principal goals of the Telecommunications Act of 1996 (the Act) is to
stimulate competition for all telecommunications services, including advanced
services, by promoting innovation and investment by all participants in the
telecommunications marketplace. We seek to create incentives for providers of
advanced services to innovate and deploy new technologies more rapidly,
ultimately resulting in increased choices for consumers of advanced services and in
more widespread availability of those services, all at reasonable rates.
2. In this regard, both this Commission and each State commission are directed by
the 1996 Act to encourage the deployment of advanced telecommunications
services to all
Americans. Widespread availability of advanced services and broadband capabilities can increase
our nation's productivity, create jobs, and improve our educational, social, and health care
services. In order to reap the benefits of advanced technologies, however, we must move closer
to achieving the goal of ensuring that these technologies and services can be accessed
meaningfully by all Americans, whether they be located in urban or rural areas, economically
disadvantaged, or have disabilities.
3. Through this Order, we convene a Federal-State Joint Conference pursuant to
section 410(b) of the Communications Act to provide a forum for an ongoing
dialogue between this Commission, the states, and local and regional entities
regarding the deployment of advanced telecommunications capabilities. Ensuring
that advanced telecommunications services will be made available to all Americans
is an effort that will be undertaken on various levels federal, state, local, and
regional. The Federal-State Joint Conference on Advanced Telecommunications
Services will further that goal by facilitating the cooperative development of
federal, state, and local mechanisms and policies to promote the widespread
deployment of advanced services.
II.BACKGROUND
4. Section 706 of the 1996 Act requires the Federal Communications Commission, as
well as each State commission, to encourage the reasonable and timely deployment
of advanced telecommunications capability to all Americans. As Congress
directed, we have examined demand for advanced services and the current state of
deployment and have undertaken various efforts to encourage more rapid and
widespread deployment of advanced services.
5. Recognizing the concurrent obligation of the states to encourage the reasonable
and timely deployment of advanced services, the National Association of
Regulatory Utility Commissioners (NARUC) has adopted a resolution endorsing
the establishment of a Federal-
State Joint Conference on Advanced Telecommunications Services. As detailed below, such a
Joint Conference would provide a forum in which to conduct an ongoing, cooperative dialogue
regarding deployment, promote an exchange of information between and among state and federal
regulatory agencies, and explore regulatory and deregulatory mechanisms that will facilitate the
widespread availability of advanced telecommunications services.
III.ESTABLISHMENT OF THE JOINT CONFERENCE
6. Accordingly, in order to further the goals of the 1996 Act and encourage the
deployment of advanced telecommunications services to all Americans, we now
convene a Federal-State Joint Conference on Advanced Services (Joint Conference
or Conference) pursuant to section 410(b) of the Communications Act. Section
410(b) provides that
[t]he Commission may confer with any State commission having regulatory
jurisdiction with respect to carriers regarding the relationship between rate
structures, accounts, charges, practices, classifications, and regulations of carriers
subject to the jurisdiction of such State commission and of the Commission.
We believe that the goal of facilitating the widespread deployment of and access to advanced
services will be furthered by convening an ongoing conference pursuant to this provision. Federal-
state cooperation is particularly appropriate in matters relating to the deployment of advanced
services, which will necessarily move forward and be tracked at the state and federal levels. As
discussed in more detail below, we expect that the Conference will monitor and collect data
regarding the practices of carriers as they deploy advanced services throughout the nation. In
addition, the Joint Conference will examine the relevant state and federal regulations to which
carriers are subject and whether and to what extent those regulations are affecting the widespread
deployment of advanced services.
7. The Commission's rules governing section 410(b) Joint Conferences are flexible
and will permit the Conference to begin immediately an open dialogue regarding
how best to encourage the rapid deployment of advanced services to all
Americans. Specifically, our rules state that this Commission may confer with any
State commission regarding any matter that relates to the regulation of public
utilities subject to the jurisdiction of either commission. The Commission has to
date convened only one Joint Conference under section 410(b), which resulted in
extensive federal-state cooperation in the development and implementation of
Open Network Architecture (ONA).
8. We believe that a Joint Conference is an appropriate vehicle for federal, state, and
local cooperation with regard to the rapid and widespread deployment of advanced
services. A Joint Conference provides a flexible forum in which to conduct an
open dialogue, collect and exchange information, and consider initiatives that will
encourage deployment. As was the case with the Joint Conference on ONA, this
Conference will take a broad perspective and will not be required to produce a
recommended decision on any one particular aspect of advanced services.
9. We further conclude that the Conference shall be chaired by the Chairman of this
Commission or his designee. Any or all of the four other Federal commissioners
may participate in the Conference, as may representatives from up to five State
commissions, whom we will invite following recommendations from NARUC.
Meetings will be called by the Conference Chairman, who may establish a regular
schedule for meetings after consultations with Conference members. In addition,
the Conference at any point may decide to include any of its findings and
recommendations in a written report to this Commission. Finally, the Commission
shall revisit the need for and utility of the Joint Conference in two years time.
10. The Conference will provide a structure for a dialogue among federal, state, and,
where appropriate, local agencies that we expect will facilitate the deployment of
advanced services by minimizing potential inconsistencies and overlaps between
federal and state policy. In particular, we anticipate that the Conference will
examine how best to accelerate the deployment of affordable advanced services to
rural, low-income, disabled, and other under-served telecommunications users.
11. The activities of the Joint Conference will include monitoring the ongoing
deployment of advanced services throughout the nation to determine where and
what advanced services are being deployed and to identify a set of "Best Practices"
that promote rapid deployment. In this regard, the Conference may utilize existing
federal and state data collection procedures and conduct field hearings to collect
information regarding ongoing programs to deploy advanced services. Any such
information gathered shall be submitted to this Commission on a timely basis to
assist us in our preparation of our annual Report on advanced services deployment.
The Conference will also serve as a vehicle for the dissemination of information it
collects to ensure that any "Best Practices" data compiled by the Conference is
distributed to entities positioned to utilize the information effectively to deploy
advanced services. In this regard, new entrants and small businesses in particular
may benefit from the documented experiences of successful deployment strategies
in different states and localities.
12. The Joint Conference will provide a forum for the coordination of federal-state
initiatives to promote deployment of advanced services. By identifying
commonalities and synergies among ongoing federal, state, and local programs that
are successfully encouraging deployment, the Conference may facilitate
interactions between state and federal governments that will result in more efficient
deployment strategies. The activities of the Joint Conference, however, will not
limit the ability of this Commission to take separate, independent action pursuant
to section 706. The Conference can also develop mechanisms for coordinating
federal and state initiatives to spur deployment, particularly in rural and low-
income areas.
13. Finally, because section 410(b) provides a flexible vehicle for state-federal
cooperation, we anticipate that, as appropriate, the Joint Conference will
undertake efforts and utilize tools in addition to those discussed herein. We also
expect that the Conference will seek the cooperation of private sector
representatives, where necessary and appropriate, to assist in identifying and
encouraging successful deployment strategies. It is our expectation that the
cooperative efforts of the Conference will facilitate and encourage the actual
deployment of advanced services so that our goal of bringing advanced services to
all Americans can be realized.
IV.ORDERING CLAUSES
14. Accordingly, IT IS ORDERED, pursuant to section 410(b) of the Communications
Act of 1934, 47 U.S.C. 410(b), that the Federal-State Joint Conference on
Advanced Telecommunications Services be convened.
15. IT IS FURTHER ORDERED, pursuant to section 410(b) of the Communications
Act of 1934, 47 U.S.C. 410(b), that the Federal-State Joint Conference shall be
chaired by the Honorable William E. Kennard and shall be comprised of any or all
of the four other Federal commissioners and representatives from up to five State
commissions, who shall be recommended by the National Association of
Regulatory Utility Commissioners.
FEDERAL COMMUNICATIONS COMMISSION
Magalie Roman Salas
Secretary